Bruce Barket, the lawyer for Kurt Paschke, recently said in a statement "it is clear that Kurt was defending himself, his mother and his friends from an attack."

According to another attorney, that's a valid claim for the Jets fan who was caught punching a woman and charged with simple assault and disorderly conduct along with three others.

"Everything happened so quickly," said Alan L. Zegas, a criminal attorney in Chatham, N.J. "If he reasonably believed himself to be at risk and took action necessary to repel the attack, a claim of self-defense could properly be made."

Zegas clarified the argument: "A lot of it is what's going on in the mind of the individual. [The fight] happened fast. That has to be taken into account ... the person who was punched reacts spontaneously, not necessarily fully aware of what's happening, but certainly acts in a way that is instinctive for self protection. If that's what occurred out of a sense that the individual being assaulted has his or her safety imperiled, the law permits the individual to defend himself."

He also thought a factor could be the charges brought against the woman who was punched, which proves "a chain of events." Paschke's prior conviction may also play a role: according to Zegas, that would bar him from a diversionary program, which "gives people a fresh chance so they don't go to trial." Instead, he'll have to accept a plea or go to trial. And it's the latter where he could claim self-defense.

"I would expect it to be argued," Zegas said. "I'd be surprised if it were not."